Explanation :
A person who owns a property has the right to allow others to use the premises as he wishes. Nevertheless, differently from a regular easement, which is an agreement that directly affects the land or property itself, an easement in gross is one that is tied to the current owner and to the beneficiary. In the situation that the property gets transferred to another party by any means, the easement in gross becomes null and the new owner is not bound to fulfill the parameters of the agreement anymore. Therefore, the beneficiary can’t demand the fulfillment of such easement in that scenario, as the contract is attached to the individual and not the property itself. These agreements are very useful to permit others to access and use certain areas of a property. Their main benefit is that their non-transferable character avoids any depreciation on the property’s value, as the new owner will not have to honor such agreements.
In a nutshell :
- The individual who benefits from the easement in gross is unable to transfer the associated rights to any other person.
- If the property is transferred to another owner, through sale, inheritance or any other mechanism, the current easement in gross is considered void.
- The new property owner can attempt to reach a new easement in gross agreement, but there is no guarantee the right will be granted.
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